If you have been hurt in an accident in Las Vegas, you may be entitled to compensation for your injuries. However, the defendant is not going to just hand over the money. You will have to prove that they caused your injuries. Proving causation requires proving both direct and proximate cause, so keep reading below to learn all the details about proximate cause.
What Is Proximate Cause in a Personal Injury Case?
Most personal injury claims in Las Vegas are based on the concept of negligence, in which the plaintiff (or victim) must prove:
- Duty of care: The defendant had a legal duty to uphold a reasonable standard of care based on the circumstances of the situation.
- Breach of duty: The defendant failed to uphold the accepted standard and acted in an unreasonable or careless manner.
- Causation: The defendant’s conduct was both the direct (actual) and proximate cause of the victim’s injuries.
- Damages: The victim suffered actual damages, including medical bills, lost wages, and pain and suffering.
Proximate cause is used to establish legal liability after an accident. Proximate cause establishes a close link between the wrongdoer’s conduct and the victim’s injuries. Establishing proximate cause often involves assessing foreseeability.
Were the injuries that resulted a foreseeable consequence of the wrongdoer’s behavior? If the answer is yes, then proximate cause likely exists.
Proximate cause differs from the other element of causation, which is direct cause. Direct cause means that the victim’s injuries would not have occurred “but for” the conduct of the wrongdoer.
Common Examples of Proximate Cause in Las Vegas Personal Injury Claims
Understanding proximate cause often requires looking at an example. Imagining real-world scenarios can help make this complex legal term a little easier to understand. Consider the following scenarios:
Proximate Cause in a Car Accident Claim
Imagine that you are stopped at a red light in traffic. The driver of the vehicle behind you is speeding and texting on their phone while driving. That driver fails to notice the red light and the fact that you are stopped, and they slam into the back of your vehicle.
As a result of the car accident, you suffer extensive injuries, including whiplash and broken bones. Is it foreseeable that speeding and texting could lead to an accident and cause those types of injuries? Absolutely. Therefore, the defendant’s actions could be considered the proximate cause of your injuries.
Proximate Cause in a Personal Injury Claim
Consider another example, such as the one in the famous case of Palsgraf v. Long Island Railroad Co.
In that example, a passenger was running to catch the train, and two train employees helped the passenger onto the train. Unbeknownst to the employees, the passenger was carrying a package containing fireworks. In the process of helping the passenger on the train, the package fell and exploded.
The resulting explosion caused the scales at the other end of the platform to fall and strike a victim, who then sued the railroad for her injuries. The court held that the railroad was not legally responsible for her injuries because the chain of events that led to her injuries was not a reasonably foreseeable consequence of the employees’ actions (no proximate cause).
Does Proximate Cause Apply to My Case?
Proximate cause applies to nearly all personal injury cases based on negligence, including:
- Car accidents
- Truck accidents
- Premises liability claims
- Medical malpractice
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Proving proximate cause can sometimes be a challenge, and you might need an experienced personal injury lawyer to help.
Proximate cause in one type of case might be more challenging to prove than in others. For instance, proving causation in medical malpractice claims is notoriously difficult. This is why you should always seek help from a lawyer who has extensive experience handling similar types of claims as yours.
Evidence Used to Prove Proximate Cause
Many types of evidence can be used to establish the causal link between the defendant’s conduct and your injuries. The Nevada Rules of Evidence will determine which pieces of evidence are admissible.
Some examples of evidence that may be used to prove proximate cause include:
- Phone calls or text messages
- Photos
- Video footage
- Witness testimony
- Expert witnesses
Victims must usually establish that the defendant should have reasonably foreseen that their conduct could cause an accident. A plaintiff must prove their case by a preponderance of the evidence. This means that you need just more than 50% of the evidence on your side. Put another way, your version of the facts must be more likely true than not.
How Much Does Hiring a Personal Injury Lawyer Cost?
If you need to hire a lawyer to help you prove your case, there is good news. Hiring a personal injury lawyer will not cost you any money up front. This is because personal injury lawyers work on contingency fees. When using a contingency fee, the lawyer takes their fee at the end of the case as a portion of any money recovered for the client.
The specific amount of the fee varies, depending on:
- The lawyer’s experience level
- The lawyer’s track record with similar cases
- Your location
- The complexity of the case
- Whether your case settles, goes to trial, or gets appealed
If the lawyer does not win the case, they do not receive a legal fee. Contingency fee agreements should always be in writing, and the agreement should clearly state how the fee will be calculated.
Contact Our Las Vegas Personal Injury Lawyers at De Castroverde Accident & Injury Lawyers for a Free Consultation
Whether or not you can prove proximate cause can make or break your injury claim. Do not leave something this important to chance.
If you’ve been injured in Las Vegas, NV, or the surrounding Nevada area and need legal help, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
